Baigent & Anor v BBC & Ors [2000] ScotCS 266 (25 October 2000)

Baigent & Anor v BBC & Ors [2000] ScotCS 266 (25 October 2000)

The damages awarded by the Temporary Judge were not excessive or out of proportion given the gravity and impact of the defamatory allegations; the awards to the children were justified as they were involved in the family business and suffered reputational harm; the appellate court will not interfere with the judge's assessment absent clear error or misuse of discretion.

Citation
[2000] ScotCS 266
Parties
Pursuers and Respondents: Margaret Elizabeth Baigent and Others; Defender and Reclaimer: The British Broadcasting Corporation; Defender and Reclaimer: Sandra McCulloch; Defender and Reclaimer: Catherine O'Hare
Jurisdiction
Scotland
Judgment Date
25 October 2000
Procedural Posture
Reclaiming Motion (appeal) / Appeal on Quantum of Damages After Proof; Merits Abandoned
Outcome
Reclaiming motion refused; damages awards sustained.
Legal Topics
Damages Assessment, Defamation—quantum, Reputation, Aggravated Damages, Appeal Standards
Defamation Tort/delict Media Law Damages Assessment Defamation—quantum Reputation Aggravated Damages Appeal Standards

Case Brief

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Parties

Margaret Elizabeth Baigent and Others

Pursuers and Respondents

The British Broadcasting Corporation

Defender and Reclaimer

Sandra McCulloch

Defender and Reclaimer

Catherine O'Hare

Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Appeal on Quantum of Damages After Proof; Merits Abandoned

Legal Issues

  1. 1 Whether the damages awarded for defamation were excessive and out of proportion to established Scottish awards
  2. 2 Whether the awards to the children (not named in the broadcast) were justified

Ratio Decidendi

The damages awarded by the Temporary Judge were not excessive or out of proportion given the gravity and impact of the defamatory allegations; the awards to the children were justified as they were involved in the family business and suffered reputational harm; the appellate court will not interfere with the judge's assessment absent clear error or misuse of discretion.

Court Disposition

Reclaiming motion refused; damages awards sustained.

Orders

  • Damages as awarded by the Temporary Judge are upheld.
  • Interest on all sums due under the decrees from the date of decree until payment at 8%.